Legal Question in Family Law in Massachusetts

Mother taking serious prescription meds

My young child lives with his mother. She constantly goes to the emergency room for powerful pain meds (shots of morphine, percocet prescriptions, etc), and she takes heavy doses of addictive anti-anxiety medications. Her behaviour is unpredictable, has in the past been explosive. She depends on her live in boyfriend to care for my child most of the time (I'm glad he's there, seems like a decent guy, but it's not his son.) My question: Does the court have the right to look at someone's prescription drug use if the care and safety of a young child is an issue? Please advise


Asked on 6/11/09, 7:25 pm

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Mother taking serious prescription meds

Yes. The welfare of the child is paramount with the Court. If you are legitimately concerned and wish to seek physical custody of your son, retain an attorney to file a complaint for modification. Good Luck!

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Answered on 6/11/09, 8:08 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Mother taking serious prescription meds

Absolutely yes. the best interest of the child is not always served by a person to ill to care for him or her. And even prescription meds, even properly used, can be a problem.

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Answered on 6/11/09, 8:14 pm


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